Cyclist crashed into parked car and caused damage

Scrapit

frost500 said:

Was he though? He could of lost control? He could of just learnt to ride a bike? He could be mentally unstable due to medication? A mechanical malfunction of the bike, such as brake failure? A drunk man can leave a pub, get on a pushbike, and ride it home. He can ride past a police man in this state, and stop for conversation. "Hello officer, I am riding my bike home tonight, because I have had a few drinks, I have left my car at the pub, as I wanted to to do the right thing and not drink and drive". The officer could do nothing. Cycling in the uk is unregulated. Anybody can buy and ride a bike on any road without any prior training or licensing. Is a blind man liable for damage if his stick scratches your car?

Someones left the bag of nonsense open again! its spilt all over your post.

DiddyDavies

frost500 said:

Was he though? He could of lost control? He could of just learnt to ride a bike? He could be mentally unstable due to medication? A mechanical malfunction of the bike, such as brake failure? A drunk man can leave a pub, get on a pushbike, and ride it home. He can ride past a police man in this state, and stop for conversation. "Hello officer, I am riding my bike home tonight, because I have had a few drinks, I have left my car at the pub, as I wanted to to do the right thing and not drink and drive". The officer could do nothing. Cycling in the uk is unregulated. Anybody can buy and ride a bike on any road without any prior training or licensing. Is a blind man liable for damage if his stick scratches your car?

I suggest you refrain from posting about things that you have zero understanding of.

1/ He obviously hadn't learnt to ride a bike correctly or he wouldn't have ridden into the back of a parked vehicle or if it was because of one of the other scenarios that you mention:
2/ Riding a bike whilst unfit due to medication is an offence under S30 of the Road Traffic act 1988
3/ Riding a bike whilst drunk is illegal under S30 of the Road traffic act 1988.

30 Cycling when under influence of drink or drugs.

(1)A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

Moneybear

Hi everyone,
I actually have some good news. The cyclist contacted me this afternoon to confirm they've spoken with the insurers and sent back the relevant forms admitting liability and paid the excess. I should hopefully hear from them the next few days to start the process. So I didn't have to send my letter before action or go ahead with small claims court! 

Thanks to all that offered constructive and useful advice. 

Manxman_in_exile

Well done.

Let's hope frost500 doesn't have any involvement in settling claims against the insurer!  

Moneybear

A little bit more of an update.
I received the funds and repaired the damage. I was able to sell my car April this year and now have a smaller car.

I received a letter yesterday from the cyclist's solicitor asking for support in his claim against TFL for a defective bike. 

They are still blaming the defective bike for their injuries and loss of work. IIRC I think he broke his arm, collarbone and cut his lip open? 

I think I will either chuck it in the bin or go and explain how his girlfriend rode it back to the bike dock perfectly fine. Or when I completed my freedom of information request and found out in 30 days after the accident, over 50 people rode the bike with no reported damage/accidents. 

Jenni_D

You can't know that the bike wasn't serviced after this rider's incident and before hire by the following 50 people, so I'd suggest avoiding conjecture. Simply respond to them that you wouldn't be a reliable witness to their claim as you cannot verify whether or not the bike was defective.

Ectophile

How would you know anything at all about the roadworthiness of the bike just before it hit the back of your car?

It seems a daft thing to ask.

Manxman_in_exile

As Jenni_D and Ectophile have said, simply reply that you are not in a position to give any evidence as to the roadworthiness or otherwise of the bicycle prior to the accident - you know nothing about it.

[Deleted User]

Even a cyclist, let alone some random person whose car was hit, wouldn't know just from looking if there was a defect in the hire bike beyond something obvious like a puncture so no idea what they hope to gain from this. The bike rider in your case (note: a BOB or Bloke on Bike, not a cyclist) is on a hiding to nothing to prove anything was at fault with the bike or that the injuries caused by hitting a parked car were anything but his fault.

I was a witness to an accident once where a fitness instructor who happened to be on a bike overtook me on the road then either misjudged a turn or swerved to avoid the car turning across the road (car drove off as soon as he got up so I suspect they thought they were at fault) and hit a car. At the time I gave my details to both of them so I can could send my head cam footage and didn't notice anything out of the ordinary. Re-watching it later to edit it down, I noticed he was on an illegal fixie without a separate front brake, something few people apart from actual cyclists would notice, which could have impacted his ability to stop in time so included that on my witness statement. I have no idea of the outcome of the case as I was never contacted again.